The High Court has issued conservatory orders barring police from using crowd-control measures such as tear gas and water cannons on peaceful protesters seeking medical attention, marking a significant setback to law enforcement’s approach during demonstrations.
In a ruling delivered on Friday, June 27, Justice Bahati Mwamuye prohibited police from targeting hospitals, ambulances, emergency medical centres, and places of worship where injured demonstrators may be receiving care. The court also barred the use of crowd dispersal tactics in areas designated as safe spaces for medical assistance.
This decision followed a petition by the Kenya Human Rights Commission (KHRC), which urged the court to intervene and protect the constitutional rights to life, health, and peaceful assembly. KHRC presented compelling evidence that security agencies had repeatedly violated these rights during protests.
“A conservatory order be and is hereby issued restraining the 1st Respondent and all officers and personnel of the NPS, and/or any other agency working with them, from disrupting access to, receipt of, or delivery of medical services by deploying tear gas, pepper spray, water cannons, or similar crowd-control measures,” Justice Mwamuye stated in the ruling.
The court emphasized that law enforcement officers are also barred from deploying such measures in enclosed or poorly ventilated spaces like vehicles and buildings where protesters may have taken shelter. It further extended protection to medical workers and patients, underscoring the need to preserve human dignity and safety during civil unrest.
“A conservatory order be and is hereby issued restraining the 1st Respondent and all officers against similar actions on demonstrators who have entered or taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation and restricted exits,” the judge added.
KHRC, in its petition, revealed that during the June 25 protests, police officers stormed a medical camp at Jamia Mosque in Nairobi and fired tear gas canisters at patients and medics. This incident, they argued, was part of a troubling pattern of police brutality witnessed in previous demonstrations.
The rights group recalled similar events during the June 25, 2024 protests, when officers allegedly fired tear gas into hospitals and churches, including All Saints Cathedral, where wounded protesters had sought refuge. They further accused police of blocking roads to Kenyatta National Hospital in a suspected attempt to prevent the injured from accessing urgent care.
KHRC welcomed the court’s decision, calling it a vital step toward ensuring that all Kenyans, regardless of political opinion or participation in protests, can access medical help without fear of violence or reprisal.
